Federal Register 30-Day Submission Notice

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Federal Register / Vol. 91, No. 185 / Friday, September 25, 2026 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 12 and Rule
19b-4(f)(6) thereunder.13 Because the
proposed rule change does not: (i)
significantly affect the protection of
investors or the public interest; (ii)
impose any significant burden on
competition; and (iii) become operative
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate, if
consistent with the protection of
investors and the public interest, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act and Rule 19b–4(f)(6)(iii)
thereunder.
A proposed rule change filed under
Rule 19b–4(f)(6) 14 normally does not
become operative prior to 30 days after
the date of the filing. However, pursuant
to Rule 19b–4(f)(6)(iii),15 the
Commission may designate a shorter
time if such action is consistent with the
protection of investors and the public
interest.
At any time within 60 days of the
filing of such proposed rule change, the
Commission summarily may
temporarily suspend such rule change if
it appears to the Commission that such
action is necessary or appropriate in the
public interest, for the protection of
investors, or otherwise in furtherance of
the purposes of the Act. If the
Commission takes such action, the
Commission shall institute proceedings
under Section 19(b)(2)(B) 16 of the Act to
determine whether the proposed rule
change should be approved or
disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:

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Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include file number SR–
NYSENAT–2026–26 on the subject line.
12 15 U.S.C. 78s(b)(3)(A)(iii).
13 17 CFR 240.19b–4(f)(6).

Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to file
number SR–NYSENAT–2026–26. This
file number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the filing will
be available for inspection and copying
at the principal office of the Exchange.
Do not include personal identifiable
information in submissions; you should
submit only information that you wish
to make available publicly. We may
redact in part or withhold entirely from
publication submitted material that is
obscene or subject to copyright
protection. All submissions should refer
to file number SR–NYSENAT–2026–26
and should be submitted on or before
October 16, 2026.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–19633 Filed 9–24–26; 8:45 am]
BILLING CODE 8011–01–P

SECURITIES AND EXCHANGE
COMMISSION
[OMB Control No. 3235–0179]

Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Extension:
Rule 31a–2
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of FOIA Services,
100 F Street NE, Washington, DC
20549–2736
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the Securities
and Exchange Commission (SEC or
‘‘Commission’’) is submitting to the
Office of Management and Budget
(OMB) this request for extension of the
proposed collection of information
described below.
Section 31(a)(1) of the Investment
Company Act of 1940 (the ‘‘Act’’) 1
requires registered investment
companies (‘‘funds’’) and certain
underwriters, broker-dealers,

14 17 CFR 240.19b–4(f)(6).
15 17 CFR 240.19b–4(f)(6)(iii).

17 17 CFR 200.30–3(a)(12).

16 15 U.S.C. 78s(b)(2)(B).

1 15 U.S.C. 80a1 et seq.

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investment advisers, and depositors to
maintain and preserve records as
prescribed by Commission rules.2 Rule
31a–1 under the Act specifies the books
and records that each of these entities
must maintain.3 Rule 31a–2 under the
Act specifies the time periods that
entities must retain certain books and
records, including those required to be
maintained under rule 31a–1.4
Retention of records, as required by
the rule, is necessary to ensure access to
material business and financial
information about funds and certain
related entities. Commission staff
periodically inspect the operations of
funds to ensure they are in compliance
with the Act and regulations under the
Act. Due to the limits on the
Commission’s resources, however, each
fund may only be inspected at intervals
of several years. In addition, the
prosecution of persons who have
engaged in certain violations of the
federal securities laws may not be
limited by timing restrictions. For these
reasons, Commission staff often need
information relating to events or
transactions that occurred years ago.
Without the requirement to preserve
books, records, and other documents,
Commission staff would have difficulty
determining whether the fund was in
compliance with the law in such areas
as valuation of its portfolio securities,
computation of the prices investors
paid, and, when purchasing and selling
fund shares, types and amounts of
expenses the fund incurred, kinds of
investments the fund purchased, actions
of affiliated persons, or whether the
fund had engaged in any illegal or
fraudulent activities.
Rule 31a–2 requires every fund to
preserve permanently, and in an easily
accessible place for the first two years,
all books and records required under
rule 31a–1(b)(1)–(4).5 Every fund must
preserve for at least six years, and in an
easily accessible place for the first two
years: all books and records required
under rule 31a–1(b)(5)–(12); 6 all
2 15 U.S.C. 80a30(a)(1).
3 17 CFR 270.31a1.
4 17 CFR 270.31a2.
5 17 CFR 270.31a2(a)(1). These include, among
other records, journals detailing daily purchases
and sales of securities; general and auxiliary ledgers
reflecting all assets, liability, reserve, capital,
income, and expense accounts; separate ledgers
reflecting for each portfolio security as of the trade
date all ‘‘long’’ and ‘‘short’’ positions carried by the
fund for its own account; and corporate charters,
certificates of incorporation, by-laws, and minute
books. 17 CFR 270.31a–1(b)(1)–(4).
6 17 CFR 270.31a2(a)(2). These include, among
other records, records of each brokerage order given
in connection with purchases and sales of securities
by the fund; records of all other portfolio purchases
or sales; records of all puts, calls, spreads, straddles,

Continued

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Federal Register / Vol. 91, No. 185 / Friday, September 25, 2026 / Notices

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vouchers, memoranda, correspondence,
checkbooks, bank statements, canceled
checks, cash reconciliations, canceled
stock certificates, and all schedules
evidencing and supporting each
computation of net asset value of fund
shares, including schedules evidencing
and supporting each computation of an
adjustment to net asset value based on
swing pricing policies and procedures;
all schedules evidencing and supporting
each computation of a liquidity fee by
a money market fund pursuant to rule
2a–7(c)(2); 7 other documents required
to be maintained by rule 31a–1(a) and
not enumerated in rule 31a–1(b); any
advertisement, pamphlet, circular, form
letter, or other sales literature addressed
or intended for distribution to
prospective investors; 8 any record of
the initial determination that a director
is not an interested person of the fund,
and each subsequent determination that
the director is not an interested person
of the fund; 9 any materials used by the
disinterested directors of a fund to
determine that a person who is acting as
legal counsel to those directors is an
independent legal counsel; 10 and any
documents or other written information
considered by the directors of the fund
pursuant to section 15(c) of the Act in
approving the terms or renewal of a
contract or agreement between the fund
and an investment advisor.11 Every
underwriter, broker, or dealer that is a
majority-owned subsidiary of a fund
must preserve records required to be
preserved by brokers and dealers under
rules adopted under section 17 of the
Securities Exchange Act of 1934 (the
‘‘Exchange Act’’) 12 for the periods
established in those rules.13 Every
depositor of a fund and every principal
underwriter of a fund (other than a
closed-end fund) must preserve for at
least six years records required to be
maintained by brokers and dealers
and other options in which the fund has an interest,
which it has granted, or which it has guaranteed;
records of proof of money balances in all ledger
accounts; files of all advisory material received
from the investment adviser; and memoranda
identifying persons, committees, or groups
authorizing the purchase or sale of securities for the
fund. 17 CFR 270.31a1(b)(5)–(12).
7 Id. See also 17 CFR 270.2a–7(c)(2).
8 17 CFR 270.31a2(a)(3).
9 17 CFR 270.31a2(a)(4).
10 17 CFR 270.31a2(a)(5).
11 17 CFR 270.31a2(a)(6). Section 15 of the Act
requires that fund directors, including a majority of
independent directors, annually approve the fund’s
advisory contract and that the directors first obtain
from the adviser the information reasonably
necessary to evaluate the contract. The information
request requirement in section 15 provides fund
directors, including independent directors, a tool
for obtaining the information they need to represent
shareholder interests. 15 U.S.C. 80a–15(c).
12 15 U.S.C. 78q.
13 17 CFR 270.31a2(b).

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under rules adopted under section 17 of
the Exchange Act to the extent the
records are necessary or appropriate to
record the entity’s transactions with the
fund.14 Every investment adviser that is
a majority-owned subsidiary of a fund
must preserve the records required to be
preserved by investment advisers under
rules adopted under section 204 of the
Investment Advisers Act of 1940 (the
‘‘Investment Advisers Act’’) 15 for the
periods specified in those rules.16 Every
investment adviser that is not a
majority-owned subsidiary of a fund
must preserve for at least six years
records required to be maintained by
registered investment advisers under
rules adopted under section 204 of the
Investment Advisers Act to the extent
the records are necessary or appropriate
to reflect the adviser’s transactions with
the fund.17 Compliance with rule 31a–
2 is mandatory.
We estimate that approximately 2,741
funds are required to comply with rule
31a–2 annually. Each fund is estimated
to spend 221 hours per year preserving
the required books and records, at a
monetized cost burden of $49,283 per
fund. The total annual burden is
approximately 605,761 burden hours
and total annual time costs of
approximately $135,084,703. The
Commission estimates that funds incur
about $40,602 in external cost burden
each year, resulting in an aggregate
external cost burden of approximately
$111,290,082.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
Control Number.
The public may view and comment
on this information collection request
at: https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=202607-3235-005
or email comment to MBX.OMB.
[email protected]
within 30 days of the day after
publication of this notice, by October
26, 2026.
Dated: September 22, 2026.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026–19616 Filed 9–24–26; 8:45 am]
BILLING CODE 8011–01–P

14 17 CFR 270.31a2(c).
15 15 U.S.C. 80b4.
16 17 CFR 270.31a2(d).
17 17 CFR 270.31a2(e).

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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–106462; File No. SR–
NYSEARCA–2026–96]

Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend NYSE Arca
Rule 2.1210
September 22, 2026.

Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that, on
September 10, 2026, NYSE Arca, Inc.
(‘‘NYSE Arca’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (the ‘‘Commission’’) the
proposed rule change as described in
Items I, II, and III below, which Items
have been prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
NYSE Arca Rule 2.1210 (Registration
Requirements) applicable to Equity
Trading Permit (‘‘ETP’’) Holders,
Options Trading Permit (‘‘OTP’’)
Holders and OTP Firms (collectively,
‘‘Members’’) 4 to align with a recent
1 15 U.S.C. 78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
4 Pursuant to Rule 1.1, in general, the term ‘‘ETP
Holder’’ refers to a sole proprietorship, partnership,
corporation, limited liability company or other
organization in good standing that has been issued
an ETP. An ETP Holder must be a registered broker
or dealer pursuant to Section 15 of the Act.
Pursuant to Rule 1.1, in general, the term ‘‘ETP’’
refers to an Equity Trading Permit issued by the
Exchange for effecting approved securities
transactions on the Exchange’s Trading Facilities.
Pursuant to Rule 1.1, in general, the term ‘‘OTP
Holder’’ refers to a natural person, in good standing,
who has been issued an OTP, or has been named
as a Nominee. An OTP Holder must be a registered
broker or dealer pursuant to Section 15 of the Act,
or a nominee or an associated person of a registered
broker or dealer that has been approved by the
Exchange to conduct business on the Exchange’s
Trading Facilities. Under the Exchange’s rules, an
OTP Holder has the status as a ‘‘member’’ of the
Exchange as that term is defined in Section 3 of the
Act, as amended. Pursuant to Rule 1.1, in general,
the term ‘‘OTP’’ refers to an Options Trading Permit
issued by the Exchange for effecting approved
securities transactions on the Exchange’s Trading
Facilities. Pursuant to Rule 1.1, in general, the term
‘‘OTP Firm’’ refers to a sole proprietorship,
partnership, corporation, limited liability company
or other organization in good standing who holds
an OTP or upon whom an individual OTP Holder
has conferred trading privileges on the Exchange’s
Trading Facilities pursuant to and in compliance
with Exchange rules. An OTP Firm must be a

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